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Download PDF - Robson Hall Faculty of Law

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Interview with Donna Miller 265<br />

were just a junior person, it was pretty much a freewheeling discussion, and<br />

people didn’t stand on titles and ceremonies as much.<br />

I had a sense it was the larger bureaucracies that had a more developed sense<br />

<strong>of</strong> hierarchy. If you went to a meeting, the director wouldn’t say much if the<br />

deputy minister was there and certainly the junior guy two years out wasn’t going<br />

to say a whole lot <strong>of</strong> anything in the presence <strong>of</strong> his seniors. Federal law had a<br />

much more structured form <strong>of</strong> doing things and there was also much more<br />

division <strong>of</strong> labour – if you wrote a factum with the federal government different<br />

parts would be assigned and everybody had to get together and improve the<br />

components, whereas there was much more freedom <strong>of</strong> action at the provincial<br />

level: does any <strong>of</strong> that match up with your experiences<br />

DJM: Somewhat, yes. When I look back at my experience with both<br />

governments they were both terrific experiences, but different. With the<br />

provincial government I was essentially a middle manager, I was Director <strong>of</strong><br />

Constitutional <strong>Law</strong>, but that didn’t prevent my ability to meet ministers or even<br />

premiers, or advise ministers and premiers. So you’re right – there isn’t much <strong>of</strong> a<br />

hierarchy, at least there certainly wasn’t when I was involved. Federally, there is<br />

more <strong>of</strong> a hierarchy. But <strong>of</strong> all <strong>of</strong> the departments in the government <strong>of</strong> Canada,<br />

my experience is that Justice Canada is the least hierarchical. That is because, I<br />

think, <strong>of</strong> the pr<strong>of</strong>ession <strong>of</strong> law and also because <strong>of</strong> the kinds <strong>of</strong> deputies that<br />

Justice Canada has had, for the most part, have been much more democratic, less<br />

hierarchical, more egalitarian, more team-focused leaders, than what you might<br />

generally find in other departments across the government <strong>of</strong> Canada. So, yes, the<br />

workplace culture <strong>of</strong> the federal government was more formalistic than in<br />

Manitoba, but necessarily so.<br />

I do remember thinking at the time when I changed positions from Justice<br />

Manitoba to Justice Canada, all I had to do was cross one side <strong>of</strong> Broadway to the<br />

other, my <strong>of</strong>fice for Justice Manitoba being on the north side <strong>of</strong> the street with<br />

Justice Canada <strong>of</strong>fices on the south side. Physically it involved simply crossing the<br />

street, but in terms <strong>of</strong> the mind-set and perspective on issues it was just a<br />

monumental leap for me. Although I’d been involved in national issues for the<br />

province – I had done Supreme Court litigation – to be involved directly with the<br />

Federal government, somehow, it brought home to me the enormity <strong>of</strong> the<br />

country, the issues and the divisions we contend with, the need to emphasize<br />

process, so as to try to arrive at some form <strong>of</strong> consensus building. These are things<br />

that I really don’t think I appreciated until I became involved directly with the<br />

Government <strong>of</strong> Canada. As I say, for me it was a monumental leap when I moved<br />

to the federal government.

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